Prashant Reddy

Prashant Reddy

T. Prashant Reddy graduated from the National Law School of India University, Bangalore, with a B.A.LLB (Hons.) degree in 2008. He later graduated with a LLM degree (Law, Science & Technology) from the Stanford Law School in 2013. Prashant has worked with law firms in Delhi and in academia in India and Singapore. He is also co-author of the book Create, Copy, Disrupt: India's Intellectual Property Dilemmas (OUP).

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Appointments and Independence of the IPAB after the Finance Act, 2017

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While the Commerce Minister Nirmala Sitharaman waxes eloquent about the government’s aim to have an efficient IP policy, the reality of the non-functioning Intellectual Property Appellate Board (IPAB) indicates that this government is no different from the previous UPA Government. The IPAB which hears appeals against the Intellectual Property Office, as also original revocation and rectification petitions against registered trademarks and patents, has been headless for over a year now after the last Chairperson retired. This problem has occurred several…


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Trademark

The ‘Well Known’ Trademark under the New Trade Mark Rules, 2017: Is the New Procedure Constitutional?

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The new Trade Mark Rules, 2017 recently notified and discussed over here on SpicyIP, have generated a lot of buzz for creating a new procedure that allows the Registrar to declare trademarks as ‘well known’. The new Rule 124 allows any trade mark owner to file a request in Form TM-M requesting the Registrar to declare a trademark ‘well-known’. As most of our readers may know, the ‘well-known’ tag is the ‘holy grail’ for trademark owners – everybody wants it…


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Patent Plant Variety Protection

The RSS involvement in the Monsanto-Nuziveedu dispute and a reticent Bloomberg-Quint editor

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In a special investigative report published on March 28, 2017 Reuters revealed the role being played by the Rashtriya Swayamsevak Sangh (RSS) in the IP dispute between Monsanto and Nuziveedu. For readers not familiar with the RSS, it is the ideological parent of the ruling Bharatiya Janata Party (BJP). Although the RSS claims that it is only a “cultural” body not involved in politics, there is little doubt that the BJP or the Prime Minister (who was a member of the…


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Patent

Delhi High Court Declines to Grant Monsanto an Interim Injunction in Dispute with Nuziveedu

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Justice R. K. Gauba of the Delhi High Court passed a 95 page order  yesterday in the patent and trademark infringement lawsuit filed by Monsanto against Nuziveedu Seed Ltd., Prabhat Agri Biotech Ltd. and Pravardhan Seeds Pvt. Ltd. To briefly recap the origins of dispute, Monsanto licensed its Bt. Technology to Indian seed companies like Nuziveedu which incorporated this technology in its cotton seeds so as to render them resistant to attacks by boll-worms. The Indian seed companies sell these…


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Copyright

The Ilayaraja-SPB Copyright Dispute – Why the Big Fuss?

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As has been reported by multiple news outlets there is a copyright dispute brewing between Ilayaraja and SP Balasubramanyam (SPB), both of whom are national treasures. While Ilayaraja is a music composer, SPB is a singer. Currently on an international tour giving performances around the world, SPB posted an update on his Facebook page informing his fans that he had received a legal notice from Ilayaraja demanding royalties for performing his compositions during the tour. In the same post, SPB…


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Drug Regulation

Delhi High Court Grants Biocon-Mylan Permission to Market New Biosimilar For Additional Indiciations

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As reported in the Economic Times on March 4, 2017 a Division Bench of the Delhi High Court has passed an interim order allowing Biocon and Mylan to market their biosimilar of Roche’s drug, Herceptin, for two additional indications: early breast cancer and metastatic gastric cancer. (Although this order was passed on March 3, 2017 it took the High Court’s registry almost 13 days days to make available the order on its website. It is not clear why it took…


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Copyright

Copyright in “Standards”: Taking a look at the PIL by Malamud, Sinha & Kodali against BIS

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The issues of copyrights in standards is back in the limelight after a recent judgment of a Federal Court in the US, ruling against Public Resources in a lawsuit filed against it by standards bodies like the American Society for Testing and Materials (ASTM), the National Fire Protection Association (NFPA), etc. Techdirt provides a nice summary and analysis of the judgment. The works at dispute in this case were “standards” which were developed by private bodies but then made compulsory…


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Copyright Patent

The Press Release Journalism Around the GIPC IP Index

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It is that time of the year once again – the Global Intellectual Property Centre (GIPC) has released its international IP Index to help measure the global IP environment. As is usually the case with the GIPC index, India is located close to the bottom of the 40-45 countries that are considered for the index. This year the GIPC has placed India at 43rd out of a list of 45 countries. In the past, Swaraj and Kartik have questioned the…


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Copyright

Attention musicians & songwriters: IPRS to hold Extra-ordinary General Meeting on February 9, 2017 to replace its Articles

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At long last, the Indian Performing Rights Society (IPRS) will be holding an extra-ordinary general meeting (EGM) on February 9, 2017 to begin the process of overhauling its governing regulations. This has been long overdue since IPRS has been on the wrong end of the law for a long time as we explain here and here. The notice laying down the agenda for the meeting can be accessed on the IPRS website over here. The first item on the agenda…


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Competition Law Drug Regulation

Poorly Drafted Regulatory Laws are Becoming the New Barrier for Indians to Access More Affordable Biotech Products

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In highly regulated industries like pharmaceuticals and biotechnology, where all market players are required to prove the safety and efficacy of their products to government regulators, the lack of an efficient regulatory mechanism can act as a substantial hurdle to competition and greater accessibility. In such cases, poor regulation provides IP owners a window to further delay competition even after their patent rights expire. To facilitate better competition in these sectors, it is necessary for governments to create new regulatory…


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